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One Page Website Terms & Conditions

 

Summary

We will always do our best to fulfil your needs and meet your goals, but sometimes it’s best to have a few things written down so that we both know what’s what, who should do what and what happens if stuff goes wrong. In this contract, you won’t find complicated legal terms or long passages of unreadable text. We have no desire to trick you into signing something that you might later regret. We do want what’s best for the safety of both parties, now and in the future.

 

In short

The person that the attached  “Engagement Letter”  is addressed to (“you” and “your”, ) engages Maria Yulinda Bradley trading as Launch By Monday/Lollipop Creative Studio (ABN 516 239 603 13) (“Launch By Monday”, “Lollipop Creative Studio”, “we”, “our” and “us”) to provide the Services, and we agree to provide the Services as described in the Engagement Letter in accordance with these “Terms of Service” (together with any annexures, the “Agreement”).

 

What do both parties agree to?

 

You: You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You’ll give us the assets and information we tell you we need to complete the project. You’ll do this when we ask and provide it in the formats we ask for. You’ll review our work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule set out at the end of this contract.

Us: We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll endeavour to meet every deadline that’s set and on top of that we’ll maintain the confidentiality of everything you give us.

 

  1. AN EXPLANATION OF OUR WORK
    Design
    We create your web design based on your brief and inputs. Change in the brief after we start working will be classified as a new brief and might incur an additional cost. We create website designs and flexible layouts that adapt to the capabilities of many devices and screen sizes. We create designs iteratively and use predominantly HTML and CSS so we won’t waste time mocking up every template as a static visual. We may use static visuals to indicate a look-and-feel direction (colour, texture and typography.) We call that ‘design atmosphere. If at any stage, you’re not happy with the direction our work is taking, you’ll pay us in full for everything we’ve produced until that point and cancel this contract.

    Text Content

    We’re not responsible for writing or inputting any text copy. If you’d like us to write new content or input text for you, we can provide a separate estimate for that.

    Photographs
    You should supply graphic files in an editable, vector digital format. You should supply photographs in a high-resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries. If you’d like us to search for photographs for you, we can provide a separate estimate for that.HTML, CSS and JavaScript
    We deliver websites developed from HTML5 markup, CSS2.1 + 3 stylesheets for styling and unobtrusive Javascript for feature detection, poly-fills and behaviours.
    Browser Testing

    Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.

    Mobile browser testing
    Testing using popular smaller screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using. We test our designs in:

    iOS: Safari, Google Chrome
    Android: Google Chrome on Android Emulator

    We won’t test in Blackberry, Opera Mini/Mobile, specific Android devices, Windows or other mobile browsers unless we agreed separately. If you need us to test using these, we can provide a separate estimate for that.

    Also, as much as we’d like to, we can’t guarantee that our work will function with all browsers across the market or with browsers and versions developed in the future.

    Third Party Plugin/Extension Licenses & Support
    When developing your website it is likely we will need to utilise 3rd party plugins to achieve the desired functionality.

    We maintain a library of premium plugin/extension licenses for use exclusively with our client projects. If a premium 3rd party plugin is required for your project is in our library, we will issue a license from our library. Launch By Monday/Lollipop Creative Studio owns the licenses for these plugins/extensions that we provide in a site build, unless otherwise stated, until such time as we are no longer in business or that the license is no longer valid.

    As long as you sign up with our care plan we will keep these premium plugins updated. If you are not in our contract or care-plan, it is your responsibility to obtain your own licenses. The existing project will remain intact but outdated software and plugin might affect your website’s load time, downtime and security without the updates.

    If we don’t have access to a specific plugin/extension license required for your website we will advise you where to purchase your own. The majority of these premium plugins carry yearly renewal fees which will be indicated on your initial estimate or statement of work.  When purchasing your own license(s) you will be responsible for any additional costs as indicated by the plugin developer.

    If you would like to add a premium plugin/extension after the project has been completed, we’ll provide a separate estimate for that.

    In the event that Launch By Monday/Lollipop Creative Studio is no longer in business, when possible, we will attempt to provide the client 30-day notification so they can find an alternative solution or purchase their own license(s).

    If you no longer want a premium plugin we provided, or is not in good standing with their renewal invoices, all licenses provided by Lollipop Creative Studio will be revoked and you will need to find an alternative solution or purchase their own license(s).

    We will make every effort to offer support for any premium plugin/extension issued from our library. You understand that support for these plugins/extensions is provided via the plugin/extension developers, and as such, we are subject to their support response times when attempting to resolve plugin/extension related issues.

    We do not provide additional website support beyond these premium plugins unless the client is actively on one of our WP care plans.

    2.SOFTWARE, FONTS AND RAW FILES

Software and fonts used for the project remain our property and will not be released to you. Likewise, project raw files will not be supplied.

If you require the raw files for the project, we can provide a separate estimate for that, which includes the release of copyright to you.

3. MATERIALS PROVIDED BY YOU
Where you provide us with materials in the course of the project, you guarantee that you own them or have been given permission to use them. Ownership of these materials will remain with you (or the persons who licensed them to you) at all times. You grant us a royalty-free licence to use them for the project and to retain copies in our business records.
We will not be responsible for any damage or consequences if the materials you provided infringe someone else’s rights or are unlawful or illegal. You will indemnify us and pay for all damages, costs, fees, expenses and legal fees on an indemnity basis that we incur due to your materials being infringing, unlawful or illegal in any country.

4. PROJECT SCHEDULE
We’ll do our best to meet the project deadlines outlined in the proposal. That said, our ability to do this depends on you giving us everything we need to complete the project in the format that we need it, as and when we need it. You’ll review our work and provide feedback and approval in a timely manner too.

5.PAYMENT SCHEDULE AND INVOICES
You agree to stick to the payment schedule outlined in the proposal. Payment is due upfront on booking your 1 Page Sales Website and will be invoiced when you book your date.
You agree to pay the monthly payment every month thereafter for the duration of the contract  (11 months) and to pay our invoices in accordance with the terms stated on the invoice. You agree to have your credit card payment captured securely through Stripe for your convenience and protection for your monthly payment.

6.NON-PAYMENT
We are sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to the payment schedule as outlined on the proposal. We also may choose to cancel the project immediately, suspend work till payment is received (including stopping ongoing work, removing unpaid material, and taking down the website), and/or take legal action to recover our fees and any lawyer’s charges for doing so.

 

7. CANCELLATION
If you cancel prior to your agreement time we have a cancellation fee of 50% of your remaining balance and your site will be scheduled for deletion within 2 weeks. If you want to keep your site and move it to your own host our buyout fee is $900 for us to package your site and database and give it to you to self manage, this would be on top of any cancellation fees if you did not complete your contract. 

8. AMENDMENTS TO OUR WORK
We provide up to two (2) rounds of amendment (unless stated otherwise)to our work at no extra charge, as long as the changes requested do not substantially alter the original project scope, nature or purpose; and as long as you have not already given us your final approval for the piece of work concerned. Any other kinds of amendments are considered a change in the project scope, which is explained in paragraph 8 below.

9.OUR RIGHTS BEFORE PAYMENT OF THE FINAL PROJECT INVOICE
All originally created deliverables, including trademark logos and taglines, in draft and final form, are wholly owned by us prior to full payment of the final project invoice by you. This means that if the project is cancelled before completion, we retain ownership of everything, and no rights are granted to you to use them unless if you pay your cancellation fee.

NB: If you are unable to supply all of the right content at this stage, it does not mean we have not done our job. Once the site has been tested and is ready to go live, either with your content or placeholder images and dummy text, we will issue the final invoice. Once the final invoice is paid we will hand over the keys and show you how to put your own content in once it’s ready. If the final invoice is not paid within the credit terms we have given you, we are under no obligation to keep the site on our testing server or continue with the project in any way.
10. EXPENSES PAID ON YOUR BEHALF
You will reimburse us for costs that we incur in order to complete your project, including charges for overseas calls and faxes, shipping, government fees, taxes, levies, entertainment, transportation, visas, entrance fees, usage fees and license fees. We will include these charges in our invoices to you so you know exactly what was involved.

11. THIRD-PARTY VENDORS
We may purchase or license from third party vendors materials used in your project (including source code, work-up files, software programs, photographs, illustrations etc.). Where we license such material, the intellectual property rights in the licensed material remain the property of the third-party vendors.

12. RUSH FEES
The quotation attached does not cover any work that has to be rushed ahead of the project schedule, or work outside the project scope that is to be executed on a rush basis. Rush work means work that you request us to complete within one (1) week of your request. Our rush service fees are charged at a premium basis of 150% (one hundred and fifty per cent) of the amount stated in the attached quotation (or, if not previously quoted, of our standard charge) for the type of work requested.

13.CONFIDENTIAL INFORMATION

“Confidential Information” means information that is marked as secret or confidential, or which, based on the circumstances in which it was disclosed, ought to be treated as confidential.

In the course of this project, we may receive from you (and you from us) Confidential Information. If either you or us receive from the other Confidential Information, the receiving party agrees to keep the Confidential Information secret, ensure that its agents and employees keep it secret, and not disclose it to any other person, organisation or entity (unless absolutely necessary).

However, the receiving party may use or disclose Confidential Information received from the other in order to comply with a court order, law or regulation, direction of a governmental or statutory authority. The receiving party may also use or disclose Confidential Information that entered the public domain due to no fault of that party, or that was disclosed to the receiving party by another source lawfully and without any obligation of confidentiality.

14.LIMITS ON LIABILITY 
While our aim is to deliver top quality and client satisfaction, there are some things we are unable to accept responsibility for.

We will use our best efforts to prevent errors and omissions from occurring., but ultimately it is your responsibility to sign off the proof before we release the final artworks. We are not responsible for printing cost for artworks that you sign  and so we can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the design errors, even if you have advised us of the possibilities of such damages.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

We cannot and do not promise or guarantee that services or products purchased or licensed from third party vendors will be free from interruption or failure or that they will remain available for use for any specific period.

Specifically, we will not be responsible or liable to you for damages or loss caused by:
– your use of the designs and deliverables in ways that are not covered by the licences we grant to you;
– anything done by us on your instructions, or using material you provided to us;
– any breach of these terms and conditions by you;
– any legal, governmental, contractual or other approvals that were required but which you did not obtain,
and you will keep us indemnified for all damages, costs, fees, expenses and legal fees on an indemnity basis that we incur due to any of these specific actions and omissions.

 

15. FORCE MAJEURE
Neither you nor us shall be liable for failure to perform our part of the contract, if the failure is due to force majeure events (including fire, flood, earthquake, storm, hurricane, natural disaster, war, civil war, invasion, act of foreign enemies, hostilities, rebellion, terrorist activity, government sanction, change of law, strike, lockout, industrial action, embargo, sabotage, interruption or failure of electricity service, interruption or failure of transport networks or other public utilities, interruption or failure of Internet or other communication service).